Newtech International Co. vs China Shipping Container Lines (HongKong) Co.,Ltd.
Newtech International Co. (the seller), a trading firm domiciled in California USA, sold four containers of mixed metal scraps to a Chinese company (the buyer) that is located in Ningbo China. The agreed payment term was T/T against original bills of lading. The goods were transported to the buyer by China Shipping Container Lines (HongKong) Co.,Ltd.(the carrier) from LA to Ningbo and a full set of original bills of lading was issued to the seller by the carrier’s agent in USA.
While the buyer failed to pay against shipping documents, and the carrier released the cargo to the buyer at discharging port without withdrawing original bill of lading. As a result the seller suffered a loss of US$76,375.25 as the seller rejected to pay for the goods since it took delivery of the cargo from the carrier.
Attorney Benjamin Luo represented the seller to file the claim against the carrier into Ningbo Maritime Court and won the case completely. The carrier was ordered by the court to compensate the seller for full loss of cargo due to its illegal delivery of cargo. Details please refer to attached judgment.
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